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About the Susquehanna River Basin Commission
The Susquehanna River is the largest
river lying entirely in the United States that flows into the Atlantic
Ocean. The Susquehanna and its hundreds of tributaries drain 27,510
square miles, an area nearly the size of South Carolina, spread
over parts of the states of New York, Pennsylvania, and Maryland.
From its source at Otsego Lake near Cooperstown, New York, the
Susquehanna River flows 444 miles to Havre de Grace, Maryland,
where the river meets the Chesapeake Bay. Half of the Bay's freshwater
flow comes from the Susquehanna River.
States have only partial control over waters originating or flowing through their
boundaries. Under the law of equitable apportionment, interstate
rivers must be shared with co-riparians. Thus, each state has a
right to use a percentage of the waters. Like riparian rights,
interstate rights remain inchoate until they are quantified by
decree of the United States Supreme Court, by interstate compact,
or by Congressional apportionment.
The Susquehanna River Basin Commission (SRBC) is an intergovernmental agency
created by the Susquehanna River Basin Compact between the states
of
New York, Pennsylvania, Maryland and the federal government. The
compact was signed into law by President Richard Nixon on Christmas
Eve 1970 to be effective 30 days later
on January 23, 1971. The SRBC superseded the Interstate Advisory
Committee on the Susquehanna River Basin.
The mission of the SRBC, as defined in the Susquehanna River Basin Compact,
is to manage the water resources of the Susquehanna River through
its own programs and
by coordinating the efforts of New York, Pennsylvania, Maryland
and the federal government. Its program efforts include implementation
of structural
and non-structural flood mitigation projects, regulation of water
withdrawals and consumptive use, allocation
of water resources among the member states, restoration and preservation
of fisheries and wetlands, protection of future water supply (including
availability of flows into
the Chesapeake Bay), and protection of water quality.
While the SRBC regulates water withdrawals and consumption in order to protect
water quality, it does not regulate water quality. According
to the SRBC website, "While our regulations are intended to be protective
of aquatic resources, SRBC does not regulate and has never regulated
water quality for any projects, whether for natural gas development
or other purposes. The Susquehanna
River Basin Compact—that established SRBC 40 years ago—directs SRBC to
avoid regulatory duplication, particularly in the area of water
quality. In the Susquehanna basin, water quality regulations fall
in the domain of our sovereign member states,
New York, Pennsylvania and Maryland, and the federal government.
Since the states had already assumed responsibility for regulating
water quality, SRBC consciously chose
not to regulate water quality to avoid what would be an obvious
duplication."
The Commission consists of four members. These include the governor of each signatory
state and one member appointed by the President of the United States. Under Pub. L.
110-114, the federal member is ex officio the Commander, North Atlantic Division, U.S.
Army Corps of Engineers. Each of the four commissioners has a single vote. The commissioners,
or their alternates, meet periodically to act on applications for projects using water,
adopt regulations, and direct planning and management activities affecting the basin's
water resources.
Hydrofracking for gas wells is a controversial water use in the Basin. In 2011
the Susquehanna River was named the
nation's most endangered river by the American Rivers Organization. According
to the American Rivers website, the River earned this distinction due to the threat
of rapid natural gas development in the watershed. The Susquehanna River and its tributaries
flow over the Marcellus Shale region, a rock formation underlying much of New York
and Pennsylvania, containing reserves of natural gas. American Rivers says that the
rush to develop natural gas in the River Basin has come without consideration of the
potential cumulative impacts to clean water, rivers, and human health. They refer to
industry estimates that indicate the potential for 400,000 wells across the Marcellus
Shale—a number that would require, conservatively, 1.5 times the annual flow
of the Susquehanna River to develop by hydraulic fracturing. Already, the organization
says, spills from trucks hauling wastewater, leaks from lined fluid holding pits, and
cracked well casings have contaminated private water wells.
http://act.americanrivers.org/MER/2011mer_Susquehanna_map.jpg
Additional Information
Susquehanna River
Basin Compact, Public Law 91-575, 84 Stat. 1509 et seq., codified in
New York at Environmental Conservation Law 21-1301 et seq.
SRBC Website
History of the Susquehanna
River Basin Compact
SRBC's
Role in Regulating Natural Gas Development, SRBC, September 2011
Accommodating
a New Straw in the Water: Extracting Natural Gas from the Marcellus Shale in the
Susquehanna River Basin, Thomas W. Beauduy, Deputy Director and Counsel, SRBC,
2009
Susquehanna
Called Most-Endangered River in Nation, Robert Swift, Scranton Times-Tribune, May
17, 2011
Ecosystem
Flow Recommendations for the Susquehanna River Basin, The Nature Conservancy,
2010
Fact
Sheet on the Susquehanna River, American Rivers, 2010
Posted by Rachel Treichler. Most recent update 01/14/12
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About NY Water Law
New York Water
Law covers legal developments relating to water usage in New York
and elsewhere. The
author, Rachel Treichler, practices law in the Finger Lakes region. .
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